Cartel Capital Corporation. v. Fireco of New Jersey case brief
summary
410 A.2d 674 (1980)
CASE FACTS
Plaintiff restaurant purchased a fire extinguishing system from defendant distributor that was produced by defendant manufacturer. A fire developed at plaintiff's restaurant. The fire extinguishing system failed to operate automatically or manually. Plaintiff filed suit against defendants alleging strict liability and/or negligence. Defendant manufacturer settled and the trial court upheld a jury verdict that set plaintiff's damages at $ 113,400 and apportioned fault among all the parties. The trial court entered a judgment in plaintiff's favor in the sum of $ 34,020.
DISCUSSION
The court remanded ordering judgment for plaintiff restaurant in the sum of $ 57,661 against defendant distributor holding that defendants' fault, including defendant manufacturer, of 59 percent amounted to total fault, thus defendants' were liable for the entire judgment. Plaintiff's negligence was immaterial.
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410 A.2d 674 (1980)
CASE SYNOPSIS
Defendant distributor sought review of a
decision of the Superior Court (New Jersey) that upheld a jury
verdict that found defendants, including manufacturer, negligent and
entered a judgment in favor of plaintiff restaurant in a products
liability action.CASE FACTS
Plaintiff restaurant purchased a fire extinguishing system from defendant distributor that was produced by defendant manufacturer. A fire developed at plaintiff's restaurant. The fire extinguishing system failed to operate automatically or manually. Plaintiff filed suit against defendants alleging strict liability and/or negligence. Defendant manufacturer settled and the trial court upheld a jury verdict that set plaintiff's damages at $ 113,400 and apportioned fault among all the parties. The trial court entered a judgment in plaintiff's favor in the sum of $ 34,020.
DISCUSSION
- The court remanded for entry of a judgment in favor of the plaintiff in the sum of $ 57,661 against defendant distributor. The court held that defendants' to total fault of 59 percent (30 percent for defendant distributor) amounted to total fault, thus defendants were liable for the entire judgment.
The court remanded ordering judgment for plaintiff restaurant in the sum of $ 57,661 against defendant distributor holding that defendants' fault, including defendant manufacturer, of 59 percent amounted to total fault, thus defendants' were liable for the entire judgment. Plaintiff's negligence was immaterial.
Suggested Study Aids For Tort Law
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